Consumer Rights: MSE Article discussion (DO NOT ASK CONSUMER QUESTIONS HERE)

custardy

nikkinakkinoo wrote: »

Thanks Derrick - really useful info - I guess my concern is that if I start quoting this the ebay trader may get bitter and leave me negative feedback but I guess I can contest it if necessary?

buyers can only receive positive feedback on eBay
been that way for a while now

Jax1

I returned a pair of boots to Direct Beauty Products and they refunded to costs of the boots but not the shipping. I have just had the 'but that's our company policy' bit but persisted. I told them that their policy was unlawful and that I was entitled to a full refund including the original costs of postage. I was put on hold for about 15 seconds while she 'checked with her manager' and hey presto, the money will now be credited back to my account today. Thanks Martin!:T

rogersb

Thanks for all the advice above.

Company I was referring to refusing to budge:

"We reserve the right to refund LESS our postage costs should an item be refunded under the 30 day mony back guarantee. Please be aware when ordering that items such as CD Changer Packs or Multiple item orders will be dispatched directly from our suppliers therefore we could be charged 2 (or more) times for delivery. It is unfair for us to take a loss on a returned item just because the customer does not want it, therefore our delivery costs will be taken from the amount payed. Proof of delivery costs can be forwarded via your returns ticket if needed"

It's only £10, but it's the principle here - legally they have to refund the postage costs according to the DSR.

Any more suggestions as how to proceed?

Thanks

derrick

rogersb wrote: »

Thanks for all the advice above.

Company I was referring to refusing to budge:

"We reserve the right to refund LESS our postage costs should an item be refunded under the 30 day mony back guarantee. Please be aware when ordering that items such as CD Changer Packs or Multiple item orders will be dispatched directly from our suppliers therefore we could be charged 2 (or more) times for delivery. It is unfair for us to take a loss on a returned item just because the customer does not want it, therefore our delivery costs will be taken from the amount payed. Proof of delivery costs can be forwarded via your returns ticket if needed"

It's only £10, but it's the principle here - legally they have to refund the postage costs according to the DSR.

Any more suggestions as how to proceed?

Thanks

Send them a link to the OFT guidelines in my post above #160, (this is the url;- (http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf ), copy the quotes in my post #162, and inform them that despite the, (non legal), T&Cs, they are refusing your Statutory Rights.

You should also inform your local Trading Standards that they are refusing you your Statutory Rights under DSR, if the statement you have quoted from them is on their website or in an e-mail then you should also send/show that to TS.

They choose to trade via the web with the lesser overheads, they have to abide by the regs covering said trading.


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rogersb

Thanks Derrick. Will do and will post the results here.

smcsullivan

Ive taken out a contract for BT vision, internet and phone...i just had phone and budget internet before, but the quality of programs im paying for just isnt worth all the extra money. I phoned to cancel within nine days and they tell me that as its a package that i have to pay 24 months at £2.95...around £80 just to cancel....I thought I had some legal cooling off period but they say even tho i was within thier 10 day period i still have to pay. any ideas anyone?

Tonyj999

Hi there. We purchased a new "trendy" white radiator in mid December to go with a new kitchen that was being installed early in January. This has now been completed and I was about to install the rad but when I opened the packaging I noticed there was a very nasty gash in the front - which as it was white was very noticeable.

I have contacted the seller - a "reputable" retailer on-line but have been told that they have a 7 day period for refunds or exchanges and basically told that it's tough luck...

Where do I stand on this? I have read through all the info on this site but am I still covered under the the consumer rights act?? Can I still ask for a replacement?? I'm not looking for a refund - just want it replaced...

Cheers in advance for any help,

Tony

custardy

The problem is that given the time elapsed.
how does the supplier know you didnt do the damage yourself?

Tonyj999

custardy wrote: »

The problem is that given the time elapsed.
how does the supplier know you didnt do the damage yourself?

It was well wrapped and there is no damage to the wrapping so I am assuming it was damaged at source. I watched the plumber unwrap it and the damage IS substantial....

derrick

Tonyj999 wrote: »

It was well wrapped and there is no damage to the wrapping so I am assuming it was damaged at source. I watched the plumber unwrap it and the damage IS substantial....

You have a "reasonable time" to inspect, the problem is what is reasonable? In your case I think you have a point, in that you bought a product prior to an installation and therefore you should go back to the seller under SoGA, their T&Cs do not override statutory rights, (maybe for future reference, goods purchased in this type of case should be examined upon receipt).

From WHICH;-
.................... However the law says that you must have ‘reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract’, which, in some cases, may be up to a year.............


More from WHICH;-
The retailer’s obligations
If there is an obvious fault with the item at any time within the first 6 months and it has not been caused by wear and tear or misuse, your first port of call must be the shop you bought it from. They have the responsibility to put the matter right, and should not evade this responsibility by referring you to the manufacturer in the context of a guarantee or warranty.


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